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Warsaw City Zoning Code

§ 405.130

Sustainability.

[Ord. No. 211 § 2, 12-21-2015; Ord. No. 239 §1, 3-7-2016; Ord. No. 527, 12-26-2023]
A. 
Wind Energy.
1. 
Purpose. This Subsection is intended to promote the compatible use of small wind-energy systems. Wind energy is an abundant, renewable, and nonpolluting energy resource. When converted to electricity, it reduces our dependence on nonrenewable energy resources and reduces air and water pollution that result from conventional sources. Distributed wind-energy structures also enhance the reliability and power quality of the power grid, reduce peak power demands, and increase local electricity generation.
2. 
Small wind-energy standards. Small wind-energy systems shall be a permitted accessory use in all zoning districts subject to the following requirements:
a. 
Tower system standards.
(1) 
A wind tower for a small wind-energy system shall be set back a distance of one (1.0) times its total height from:
(a) 
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
(b) 
Any overhead utility lines, unless written permission is granted by the affected utility; and
(c) 
All property lines.
(2) 
The maximum height of a small wind-energy system tower shall be seventy-five (75) feet. Systems taller than seventy-five (75) feet shall be required to obtain a conditional use permit.
b. 
Vertical axis wind turbine standards. A vertical axis wind turbine (VAWT) using vertical wind turbine technology shall be permitted in all zone districts as an accessory use, subject to the following requirements:
(1) 
Residential district requirements.
(a) 
A maximum of one (1) VAWT is permitted per lot or one (1) per acre, whichever is greater.
(b) 
Building-mounted VAWTs shall not exceed forty (40) feet in height measured from the base attached to the structure to the highest point on the VAWT.
(c) 
The maximum height for a VAWT shall not exceed seventy-five (75) feet measured from the base of the tower to the highest point on the VAWT.
(d) 
A VAWT shall be set back a distance of one (1.0) times its total height from:
i. 
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
ii. 
Any overhead utility lines, unless written permission is granted by the affected utility; and
iii. 
All property lines, unless written permission is granted from the affected land owner or neighbor.
(2) 
Nonresidential district requirements. Multiple VAWTs are permitted on any nonresidential lot subject to the following requirements:
(a) 
Building-mounted VAWTs shall not exceed forty (40) feet in height measured from the base attached to the structure to the highest point on the VAWT.
(b) 
Light-pole-mounted VAWTs shall not exceed twenty-five (25) feet in height measured from the top of the light pole to the highest point on the VAWT.
(c) 
The maximum height for a VAWT shall not exceed seventy-five (75) feet measured from the base of the tower to the highest point on the VAWT.
(d) 
A VAWT shall be set back a distance of one (1.0) times its total height from:
i. 
Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
ii. 
Any overhead utility lines, unless written permission is granted by the affected utility; and
iii. 
All property lines, unless written permission is granted from the affected land owner or neighbor.
3. 
General standards for tower and VAWT systems.
a. 
Lighting. A small wind-energy system or VAWT shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower and associated equipment is permissible, provided that said light is only used for inspection purposes and not left on for an extended period of time.
b. 
Decibel levels. Decibel levels for a small wind-energy system or VAWT shall not exceed the lesser of sixty (60) decibels (dBa) as measured at the closest neighboring inhabited dwelling, except during short-term events, such as utility outages and severe wind storms.
c. 
Color. The color of the small wind-energy system shall either be the stock color from the manufacturer or painted with a nonreflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white or gray.
d. 
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind-energy system or VAWT visible from any public road shall be prohibited.
e. 
Code compliance. A wind-energy structure including tower shall comply with all applicable State construction and electrical codes, and the National Electrical Code as adopted by the City.
f. 
Screening. Ground-level mechanical equipment associated with the wind-energy system shall conform to Section 405.120(B), Screening.
4. 
Other standards.
a. 
The structure shall comply with all applicable Federal Aviation Administration requirements, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations in excess of two hundred (200) feet in height and installations close to airports. The system shall also comply with any and all Missouri aeronautics regulations.
b. 
All electrical wires associated with a wind-energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.
c. 
A VAWT tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight (8) feet above the ground.
d. 
No part of the system, including guy wire anchors, may be closer than five (5) feet from any property boundary.
e. 
Temporary meteorological (Met) towers shall be permitted under the same standards as a small wind-energy system, except that the requirements shall be the same as those for a temporary structure. A permit for a temporary Met tower shall be valid for a maximum of three (3) years after which an extension may be granted. Permanent Met towers may be permitted under the same standards as a small wind energy system.
f. 
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
5. 
New technology. The Director may waive the provisions of these requirements through the alternative compliance process in Section 405.030(H) where the availability of new technology alleviates the issues addressed by these regulations.
6. 
Decommissioning. A wind-energy system that has reached the end of its useful life shall be removed within six (6) months of such determination. A wind-energy system is considered to have reached the end of its useful life when it has been inoperable for twelve (12) consecutive months. Time extensions are allowed when good faith efforts to repair the turbine can be demonstrated.
B. 
Solar Energy Systems.
1. 
Purpose. This Subsection is intended to promote the compatible use of solar energy systems and to assist in decreasing the City's dependence upon non-renewable energy systems through the encouragement of solar energy systems for the heating of buildings and water.
2. 
Applicability.
a. 
Solar energy systems are permitted in all zoning districts as an accessory use.
b. 
A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located.
3. 
Roof-mounted solar. The installation and construction of a roof-mounted solar energy system shall be subject to the following development and design standards:
a. 
A roof- or building-mounted solar energy system may be mounted on a principal or accessory building.
b. 
A roof-mounted solar collection system shall not exceed by more than eighteen (18) inches above the roof on which it is located, nor shall it extend a minimum of one (1) foot below the ridge line.
c. 
A solar collection system may be located on an accessory structure.
d. 
The zone district height limitations of this Code shall not be applicable to solar collectors, provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve, and that such structures do not obstruct solar access to neighboring properties.
e. 
Placement of solar collectors on flat roofs shall be allowed by right, provided that panels do not extend horizontally past the roofline.
f. 
A development proposed to have a solar collection system located on the roof or attached to a structure, or an application to establish a system on an existing structure, shall provide a structural certification as part of the building permit application.
4. 
Ground- or pole-mounted solar. The installation and construction of a ground-mounted or pole-mounted solar energy system shall be subject to the following development and design standards:
a. 
The height of the solar collector and any mounts shall not exceed twenty (20) feet when oriented at maximum tilt.
b. 
Any solar collector and any mounts, in a residential district, shall not exceed the greater of one-half (1/2) the footprint of the principal structure or six hundred (600) square feet, whichever is greater. The size of any solar collector and any mounts in mixed use and non-residential districts shall not exceed one-half (1/2) of the footprint of the principal structure.
c. 
The surface area of a ground- or pole-mounted system, regardless of the mounted angle, shall be calculated as part of the overall coverage.
d. 
The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district, and the system may not be located in the front yard.
e. 
All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground and/or in accordance with the building electrical code, as appropriate.
f. 
All abandoned or unused freestanding solar energy systems shall be removed within twelve (12) months of the cessation of operations.
5. 
Electrical equipment. All electrical equipment associated with and necessary for the operation of solar energy systems shall comply with the setbacks specified for accessory structures in the underlying zoning district.
6. 
Solar panel orientation. Solar panels are designed to absorb (not reflect) sunlight; and, as such, solar panels are generally less reflective than other varnished or glass exterior housing pieces. However, solar panel placement should be prioritized to minimize or negate any solar glare onto nearby properties or roadways, without unduly impacting the functionality or efficiency of the solar system.
7. 
Administrative review process.
a. 
In general. The Director, in consultation with Code Enforcement, shall have up to fifteen (15) working days following the submittal of a complete application to approve or deny such application. The Director may impose such conditions and require such guarantees deemed reasonable and necessary to protect public interest and to ensure compliance with the standards and purposes of this Zoning Ordinance and policies of the land use.
b. 
All solar collection installations shall be performed by a qualified solar installer, and, prior to operation, the electrical connections shall be inspected by the Code Enforcement Director. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
c. 
Submittal requirements. An application for a solar energy system shall be filed on a form, approved by the Director, with any other required documentation he or she should deem necessary.
8. 
Conflict with other municipal policies and ordinances. Nothing in this Subsection does, or is intended to, abrogate the owner's responsibility to meet all other requirements of this Code, including, but not limited to, the preservation of private and public views, the quality of architectural design, the preservation of historic landmark structures, or the like.
C. 
Green Stormwater Infrastructure.
1. 
Purpose. This Subsection is intended to promote the use of green stormwater infrastructure in both public improvement projects and private development projects. Green stormwater infrastructure is defined as stormwater management solutions designed to capture, filter, absorb, and/or re-use stormwater by mimicking natural hydrologic processes.
a. 
Terminology. Green stormwater infrastructure (GSI) may also be referred to as green infrastructure, stormwater control measures, or post-construction permanent stormwater best management practices (stormwater BMPs).
b. 
Distinguishing between Temporary Construction and Post-Construction BMPs.
(1) 
Temporary construction BMPs, also known as erosion and sediment control BMPs, are those designed and installed specifically to minimize the impacts of sediment carried in runoff from active construction sites.
(2) 
Post-construction stormwater BMPs are designed to capture and treat runoff on a long-term basis following completion of construction.
2. 
Applicability. All improvements defined in Section 405.030(O), Drainage Permit, are encouraged to use green stormwater infrastructure to meet the City’s stormwater management requirements, defined in Section 405.070, Stormwater Management and Natural Area Protection Standards.
3. 
Principles.
a. 
Utilize and protect the natural stormwater system. Natural drainage paths, streams, undisturbed green spaces, wetlands and riparian areas are all efficient low-cost natural stormwater management features. This is the existing natural stormwater management system and should be preserved and utilized where practical. Replacing the services provided by these natural systems with man-made systems requires significant capital investment and time, creates the need for ongoing operation and maintenance of these systems, and reduces the value of natural resources.
b. 
Capture rain where it falls. Managing rain with the use of green stormwater infrastructure in close proximity to where it hits the ground can reduce the need for stormwater pipes and can provide a more efficient means for infiltration and treatment of runoff. Green stormwater infrastructure can also help create a more aesthetically pleasing environment, provide improved pedestrian connectivity, maintain natural areas, reduce heat islands and improve air quality.
c. 
Minimize impervious surfaces. Impervious surfaces, such as roadways, parking lots and rooftops, reduce the available area for infiltration and increase the rate and volume of runoff. By minimizing impervious surfaces, stormwater volume and flow rates can be decreased, thereby reducing likelihood of flash flooding, stream channel erosion and impaired water quality. Development and redevelopment improvements are encouraged to minimize increased impervious areas through use of alternative permeable materials, or, remove un-used impervious areas to reduce the negative impacts of development on the City’s stormwater management systems.